Ted W. Gleave - Page 66

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          records to show his income.  See, e.g., Habersham-Bey v.                    
          Commissioner, 78 T.C. at 313-314.                                           
               Gleave pleaded guilty to embezzlement and theft of gasoline            
          from Ashland Oil, Inc., on various occasions between July 1981              
          and January 1982, activities which by their nature produce                  
          income.  Bradford v. Commissioner, 796 F.2d at 308; Petzoldt v.             
          Commissioner, 92 T.C. at 701-702; McGee v. Commissioner, 61 T.C.            
          at 260.                                                                     
               Gleave’s overarching explanation is that Kenmore’s payments            
          to him, or for his benefit, are not income to him because they              
          are merely repayments of loans by him to Kenmore.  We do not                
          believe the stories of his receiving assertedly nontaxable                  
          sources of capital at convenient times.  In addition, we note               
          that petitioners do not even contend that any of the asserted               
          transfers by Gleave to Kenmore met any of the criteria for loans,           
          as distinguished from contributions to capital.  For a discussion           
          of such criteria and case law, see Bittker & Eustice, Federal               
          Income Taxation of Corporations and Shareholders, par. 4.04, at             
          4-31 through 4-39 (6th ed. 1994).                                           
               Gleave’s implausible explanations, which we reject, are                
          themselves an indication of fraud.  Bahoric v. Commissioner, 363            
          F.2d at 153-154; Boyett v. Commissioner, 204 F.2d at 208.                   
               We conclude from the foregoing, and we have found, that                
          respondent has shown by clear and convincing evidence that Gleave           
          intended to evade his income taxes for each of the years 1980,              






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